In re Cunningham, 506 B.R. 334 (Bankr. E.D.N.Y. 2014) –
A mortgagee continued with foreclosure of a mortgage after the debtor filed bankruptcy because it was not aware of the filing. When the debtor later sought to vacate the foreclosure and sale, the mortgagee sought retroactive relief from the stay in order to validate the foreclosure. A primary question was whether the mortgagee had constructive notice of the bankruptcy given the defects in the attempts to send it notice. Continue reading
In re Chatham Parkway Self Storage, LLC, 507 B.R. 13 (Bankr. S.D. Ga. 2014) –
The provisions in a confirmed chapter 11 plan of reorganization dealing with an allowed secured claim (1) outlined the post confirmation loan terms and (2) provided that the parties would execute new loan documents. When the parties were unable to agree on the form of the documents, the debtor filed a motion to compel execution as contemplated by the plan. Continue reading
In re Oreck Corp., 506 B.R. 500 (Bankr. M.D. Tenn. 2014) –
A commercial landlord sought allowance of its claim for “stub rent” as an administrative expense – either because of the requirement that lease obligations be timely performed prior to assumption or rejection of a lease or under the general administrative expense provision. Continue reading
In re Healthy Hut Inc., 506 B.R. 526 (Bankr. D. Haw. 2014) –
Prior to bankruptcy the debtor vacated leased space before the end of the lease term. The landlord filed a proof of claim in the bankruptcy. The debtor raised several objections, including an argument that the claim exceeded the statutory cap under Section 502(b)(6) of the Bankruptcy Code. Continue reading
In re Denali Family Services, 506 B.R. 783 (Bankr. D. Alaska 2014) –
The debtor objected to an amended proof of claim filed by its landlord after the debtor, arguing that the claim exceeded the statutory limit under Section 502(b)(6) of the Bankruptcy Code. In response, the landlord amended its claim to include additional items. Continue reading
In Re Shree Mahalaxmi, Inc., 503 B.R. 794 (Bankr. W.D. Tex. 2014) –
After a mortgage lender learned of a pre-petition default during a bankruptcy, it filed an amendment to its proof of claim to add pre-petition default interest. The debtor objected to both the original claim and to the addition of pre-petition default interest. The court’s decision turned on interpretation of the loan documents under applicable state law. Continue reading
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